Supreme Court Order dtd 7June2011
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ITEM NO.59 COURT NO.2 SECTION IVA
S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Civil) No(s).15814/2011 (From the judgement and order dated 23/05/2011 in RFA No. 421/2009 of The High Court of Karnataka at Bangalore)
M/S INTERNATIONAL SOC.FOR KRISHNA, BANGALORE Petitioner(s) VERSUS M/S INTERNL.STY.FOR KIRSHNA MUMBAI& ORS Respondent(s)
(With appln(s) for exemption from filing O.T., permission to place addl. documents on record, PERMISSION TO FILE LENGTHY LIST OF DATES and prayer for interim relief and office report )
Date: 06/06/2011 This Petition was called on for hearing today.
HON'BLE DR. JUSTICE B.S. CHAUHAN
HON'BLE MR. JUSTICE SWATANTER KUMAR
For Petitioner(s) Mr. U.U.Lalit,Sr.Adv.
Mr. mathai M.Paikeday,Sr.adv.
Mr. Amit Singh,Adv.
Mr. Srinivas Raghavan,Adv.
Mr. TVS Raghavendra Sreyas,Adv.
Mr. Ashu Kansal,Adv.
Mr. Nikhil Nayyar,Adv.
For Respondent(s) Dr. A.M.Singhvi,Sr.Adv.
Mr. Uday Holla,Sr.Adv.
Ms. B. Vijayalakshmi Menon,Adv.
Ms. Ekta Kapil,Adv.
Mr. Pratyush Miglani,Adv.
Mr. D.R.Ravi Shankar,Adv.
Mr. Sanjeeb Panigrahi,Adv.
UPON hearing counsel the Court made the following
O R D E R
It is unfortunate but true that the two societies stated to be societies for the purposes of Krishna Consciousness and advance its objects the Krishna have chosen to litigate with regard to the temple, its management and properties at Bangalore.
The Trial Court vide its judgment and decree dated 17th April, 2009 had decreed the suit in favour of the Bangalore Society. This judgment and decree was set aside by the High Court vide its judgment dated 23rd May, 2011 passed in Regular First Appeal No. 421 of 2009 and suit was dismissed while the counter claim of the defendant was partially decreed. The Court passed a decree of injunction against the Bangalore Society restraining its office bearers and person/persons claiming through or under each of them from interfering with the possession and enjoyment of the property detailed in the schedule to the plaint by ISKCON Bangalore Society. Aggrieved by the said decree of the High Court, the present petition has been filed before this Court.
After passing the decree in favour of the Bombay Society on 23rd May, 2011 the High Court also passed an order on 24th May, 2011 issuing certain directions wherein some relief was also given to the present petitioner i.e. Bangalore Society.
Having heard the learned counsel appearing for the parties and examining the prima facie merit or otherwise of the contentions raised, we are of the considered view that the following orders need to be passed at this stage:
1. Issue notice.
2. Ms. B.Vijayalakshmi Menon, Advocate accepts notice.
3. In the meantime, counter affidavit may be filed.
4. The matter shall be listed for consideration/continuation of the interim orders immediately after reopening of the Court.
5. In the meanwhile, the parties shall maintain status quo, as of today. However, the Bangalore Society with its present office bearers shall continue day-to-day management of the Society but would not take nay major and policy decision created liabilities of any kind from the Bangalore Society.
However, we express a pious hope that the learned counsel appearing for the respective parties shall find some time and examine the possibility of amicably resolving the issues involved in the present matter. We would also expect that the different sections of this august institution would avoid unnecessary litigation and the office bearers of both the societies shall fully cooperate in this behalf.
[SUMAN WADHWA] [INDU SATIJA] COURT MASTER COURT MASTER